Defining “Residence” in Statutory Provisions Related to Citizenship

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Today, Acting USCIS Director Ken Cuccinelli issued the following statement regarding a policy update Defining “Residence” in Statutory Provisions Related to Citizenship.

USCIS is issuing policy guidance in the USCIS Policy Manual to better define residence in certain situations involving acquisition and transmission of citizenship, and clarify the distinction between U.S. residence and physical presence.

In addition, USCIS is updating its policy regarding children of U.S. government employees and U.S. armed forces members employed or stationed outside the United States to explain that they are not considered to be “residing in the United States” for purposes of acquiring citizenship under INA 320.

The Policy Alert is available here: Volume 12: Citizenship and Naturalization, Part H, Children of U.S. Citizens; Part I, Military Members and their Families(Final date for comments: Sept. 12, 2019)

Policy Highlights

  • Clarifies that temporary visits to the United States do not establish U.S. residence and explains the distinction between residence and physical presence in the United States.
  • Explains that USCIS no longer considers children of U.S. government employees and U.S. armed forces members residing outside the United States as “residing in the United States” for purposes of acquiring citizenship under INA 320.3

Read more here: https://www.uscis.gov/sites/default/files/policymanual/updates/20190828-ResidenceForCitizenship.pdf

Source: USCIS

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